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28 CFR 51.59 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 43.1 To Parts 1101-1199) — Department Of Justice (Continued) (§ 43.1 To Parts 201-299) — Procedures For The Administration Of Section 5 Of The Voting Rights Act Of 1965, As Amended (§ 51.1 To Appendix To Part 51) — Determinations By The Attorney General (§ 51.51 To § 51.61) — Redistricting plans.

4 Aug 2016

(a) Relevant factors. In determining whether a submitted redistricting plan has a prohibited purpose or effect the Attorney General, in addition to the factors described above, will consider the following factors (among others):

(1) The extent to which malapportioned districts deny or abridge the right to vote of minority citizens;

(2) The extent to which minority voting strength is reduced by the proposed redistricting;

(3) The extent to which minority concentrations are fragmented among different districts;

(4) The extent to which minorities are over concentrated in one or more districts;

(5) The extent to which available alternative plans satisfying the jurisdiction's legitimate governmental interests were considered;

(6) The extent to which the plan departs from objective redistricting criteria set by the submitting jurisdiction, ignores other relevant factors such as compactness and contiguity, or displays a configuration that inexplicably disregards available natural or artificial boundaries; and

(7) The extent to which the plan is inconsistent with the jurisdiction's stated redistricting standards.

(b) Discriminatory purpose. A jurisdiction's failure to adopt the maximum possible number of majority-minority districts may not be the sole basis for determining that a jurisdiction was motivated by a discriminatory purpose.

28 CFR 51.59
[Order No. 3262-2011, 76 FR 21249, Apr. 15, 2011]